HOTEL DENSITY RESERVE DEVELOPMENT AGREEMENT (2)HOTEL DENSITY RESERVE DEVELOPMENT AGREEMENT
THIS U-IOTEL DENSITY RESERVE DEVELOPMENT AGREEMENT ("Agreement") is
dated the /3 h day of pk 20 , and entered into between North Clearwater Beach
Development, LLC, a Florida limited liability company ("Developer"), its successors and assigns,
and the CITY OF CLEARWATER, FLORIDA, a municipal corporation of the State of Florida
acting through its City Council, the governing body thereof ("City").
RECITALS:
WHEREAS, one of the major elements of the City's revitalization effort is a special area
plan for the revitalization of Clearwater Beach adopted under the provisions of the Florida Growth
Management Act, Florida Statutes Chapter 163, Part II, and entitled Beach by Design; and
WHEREAS, Florida Statutes Sections 163.3220 -163.3243, the Florida Local Government
Development Agreement Act ("Act"), authorize the City to enter into binding development
agreements with persons having a legal or equitable interest in real property located within the
corporate limits of the City; and
WHEREAS, under Section 163.3223 of the Act, the City has adopted Section 4-606 of the
City of Clearwater Community Development Code ("Code"), establishing procedures and
requirements to consider and enter into development agreements; and
WHEREAS, Beach by Design proposed the development of hotel units to equalize
development opportunities on the beach and ensure Clearwater Beach remains a quality, family
resort community, and further provided for a limited pool of additional hotel units ("Hotel Density
Reserve") to be made available for such mid-sized hotel projects; and
WHEREAS, the Developer owns approximately 0.348 acres of real property ("Property")
in the corporate limits of the City, more particularly described on Exhibit "A" attached hereto and
incorporated herein; and
WHEREAS, The Developer desires to redevelop the Property to provide 27 overnight
accommodation units, with a pool, tiki bar for hotel guests, fitness room, limited food service
facility for hotel guests, parking with 32 parking spaces and retain an accessory dock with five
slips for hotel guests, generally conforming to the architectural drawings shown in composite
Exhibit "B" (collectively, the improvements are the "Project"); and
WHEREAS, the Property has not previously acquired density from the Destination Resort
Density Pool; and
WHEREAS, the Property had previously received 10 units from the Hotel Density Reserve
as part of an approved Development Agreement, HDA2016-09001; and
WHEREAS, upon completion the planned hotel will contain 27 units of overnight
accommodation units, which includes ten (10) units from the available Hotel Density Reserve
("Reserve Units"); and
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KEN BURKE, CLERK OF COURT
AND COMPTROLLER PINELLAS COUNTY, FL
INST# 2018303402 09/2012018 03:25 PM
OFF REC BK: 20213 PG: 1662-1687
DocType:AGM RECORDING: $222.50
WHEREAS, the approved Development Agreement expired on March 19, 2018 because
the applicant failed to obtain site plan approval as otherwise required by Section 6.1.3.1 of the
Development Agreement.
WHEREAS, the City has conducted such public hearings as are required by and in
accordance with Florida Statutes Section 163.3225, Code Sections 4-206 and 4-606, and any other
applicable law; and
WHEREAS, the City has determined that, as of the date of this Agreement, the proposed
project is consistent with the City's Comprehensive Plan and Land Development Regulations; and
WHEREAS, at a duly noticed and convened public meeting on
ScfA\e)( , 20 IS , the City Council approved this Agreement and authorized and
directed its execution by the appropriate officials of the City; and
WHEREAS, approval of this Agreement is in the interests of the City in furtherance of the
City's goals of enhancing the viability of the resort community and in furtherance of the objectives
of Beach by Design; and
WHEREAS, Developer has approved this Agreement and has duly authorized certain
individuals to execute this Agreement on Developer's behalf.
STATEMENT OF AGREEMENT
In consideration of and in reliance upon the premises, the mutual covenants contained
herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, the parties hereto intending to be legally bound and in accordance with the Act and
Code, agree as follows:
SECTION 1. Recitals. The above recitals are true and correct and are a part of this
Agreement.
SECTION 2. Incorporation of the Act. This Agreement is entered into in compliance
with and under the authority of the Code and the Act, the terms of which as of the date of this
Agreement are incorporated herein by this reference and made a part of this Agreement. Words
used in this Agreement without definition that are defined in the Act shall havethe same meaning
in this Agreement as in the Act.
SECTION 3. Property Subject to this Agreement. The Property described in Exhibit
"A" is subject to this Agreement ("Property").
3.1 The Property currently has a land use designation of Resort Facilities High (RFH)
and is zoned Tourist (T) District.
3.2 The Property is owned in fee simple by the Developer.
3.3 The Property is generally located at 657 and 663 Bay Esplanade Clearwater, FL
33767, as further described in Exhibit "A".
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SECTION 4. Scope of Project.
4.1 The Project shall consist of 27 overnight accommodation units. Of the 27 overnight
accommodation units, 10 units shall be from the Hotel Density Reserve.
42 The Project shall include a minimum of 32 parking spaces, as defined in the Code.
4.3 The design of the Project, as represented in Exhibit "B", is consistent with Beach
by Design.
4A The density of the Project shall be 78 units per acre. In no instance shall the density
of a parcel of land exceed 150 units per acre. The height of the Project shall be 75 feet measured
from Base Flood Elevation, as defined in the Code. The maximum building heights of the various
character districts cannot be increased to accommodate hotel rooms allocated from the Hotel
Density Reserve.
SECTION 5. Effective Date/Duration of this Agreement.
5.1 This Agreement shall not be effective until this Agreement is properly recorded in
the public records of Pinellas County, Florida pursuant to Florida Statutes Section 163.3239 and
Code Section 4-606.
5.2 Within fourteen (14) days after the City approves the execution of this Agreement,
the City shall record the Agreement with the Clerk of the Circuit Court for Pinellas County. The
Developer shall pay the cost of such recording. The City shall submit to the Department of
Economic Opportunity a copy of the recorded Agreement within fourteen (14) days after the
Agreement is recorded.
5.3 This Agreement shall continue in effect for ten (10) years unless earlier terminated
as set forth herein.
SECTION 6. Obligations under this Agreement.
6.1 Obligations of the Developer:
6.1.1 The obligations under this Agreement shall be binding upon and the benefits of this
Agreement shall inure to the Developer, its successors in interests or assigns.
6.12 At the time of development of the Property, the Developer will submit such
applications and documentation as are required by law and shall comply with the Code applicable
at the time of building permit review.
6.1.3 The following restrictions shall apply to development of the Property:
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6.1.3.1 To retain the grant of Reserve Units provided for herein, the
Property and improvements located thereon shall be developed in substantial
conformance with the Conceptual Site Plan attached as Exhibit "B". Any
modifications determined by the Planning Director as either inconsistent with
attached Exhibit "B" or constituting a substantial deviation from attached Exhibit
"B" shall require an amendment to this Agreement in accordance with the
procedures of the Act and the Code, as necessary and applicable. Any and all such
approved and adopted amendments shall be recorded in the public records of
Pinellas County, Florida.
6.1.32 The Developer shall obtain appropriate site plan approval pursuant
to a Level One or Level Two development application within one (1) year from the
effective date of this Agreement in accordance with the provisions of the Code, and
shall then obtain appropriate permits and certificates of occupancy in accordance
with the provisions of the Code. Nothing herein shall restrict Developer from
seeking an extension of site plan approval or other development orders pursuant to
the Code or state law. In the event that work is not commenced pursuant to issued
permits, or certificates of occupancy are not timely issued, the City may deny future
development approvals and/or certificates of occupancy for the Project, and may
terminate this Agreement in accordance with Section 10.
6.133 The Developer shall execute, prior to commencement of
construction, a mandatory evacuation/closure covenant, substantially in the form of
Exhibit "C", stating that the accommodation use will close as soon as practicable
after a hurricane watch that includes Clearwater Beach is posted by the National
Hurricane Center.
6.1.4 Covenant of Unified Use. Prior to the issuance of the first building permit for the
Project, the Developer hereby agrees to execute the covenant of unified use and development for
the Project Site providing that the Project Site shall be developed and used as a single project, the
form of which covenant is attached as Exhibit "D"; provided however, that nothing shall preclude
the Developer from selling all or a portion of the Developer's Property in the event that Developer
determines not to construct the Project. It is understood and agreed that, in the event that the
Developer enters into the anticipated covenant of unified use and development, and the Developer
elects not to construct the Project and notifies the City of its election in writing, and, alternatively,
as of the date of expiration, termination or revocation no rights of Developer remain or will be
exercised to incorporate the Hotel Density Reserve Units into the Project, the City shall execute
and deliver to the Developer a termination of such covenant of unified use and development
suitable for recording in the Public Records of Pinellas County, Florida.
6.1.5 Return of Units to Reserve Pool. Any Reserve Units granted to Developer not
timely constructed in conjunction with the Project shall be returned to the Hotel Density Reserve
and be unavailable to Developer for use on the Project.
6.1.6 Transient Use. A reservation system shall be required as an integral part of the
hotel use and there shall be a lobby/front desk area that must be operated as a typical lobby/front
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desk area for a hotel would be operated. Access to overnight accommodation units must be
provided through a lobby and internal corridor. All units in the hotel shall be made available to
the public as overnight transient hotel guests at all times through the required hotel reservation
system. Occupancy in the hotel is limited to a term of less than one (1) month or thirty-one (31)
consecutive days, whichever is less. Units in the hotel shall not be used as a primary or permanent
residence.
6.1.7 No Full Kitchens. No unit shall have a complete kitchen facility as that term is used
in the definition of "dwelling unit" in the Code.
6.1.8 Inspection of Records. Developer shall make available for inspection to authorized
representatives of the City its books and records pertaining to each Hotel Density Reserve unit
upon reasonable notice to confirm compliance with these regulations as allowed by general law.
6.1.9 Compliance with Design Guidelines. The Developer agrees to comply with the
Design Guidelines as set forth in Section VII. of Beach by Design.
6.1.10 Limitation on Amplified Music. Developer agrees that there shall be no outdoor
amplified music at the Project after 11:00 p.m. on Sunday through Thursday, or after 12:00
midnight on Friday and Saturday.
6.2 Obligations of the City.
6.2.1 The City shall promptly process site and construction plan applications for
the Property that are consistent with the Comprehensive Plan and the Concept Plan and
that meet the requirements of the Code.
6.2.2 The final effectiveness of the applications referenced in Section 6.2.1 is
subject to:
622.1 The provisions of Chapters 163 and 166, Florida Statutes, as they
may govern such amendments; and
6222 The expiration of any appeal periods or, if an appeal is filed, at the
conclusion of such appeal.
6.2.3 Upon adoption of this Agreement, the Project shall receive 10 units from
the Hotel Density Reserve as defined in Beach by Design, contingent upon the provisions
of Section 6.1.5.
SECTION 7. Public Facilities to Service Development. The following public facilities
are presently available to the Property from the sources indicated below. Development of the
Property will be governed by the concurrency ordinance provisions applicable at the time of
development approval. The requirements for concurrency as set forth in Article 4, Division 9, of
the Code, have been satisfied.
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7.1 Potable water is available from the City. The Developer shall be responsible for all
necessary main extensions and applicable connection fees.
7.2 Sewer service is currently provided by the City. The Developer shall be responsible
for all necessary main extensions and applicable connection fees.
7.3 Fire protection from the City.
7.4 Drainage facilities for the Property will be provided by the Developer at the
Developer's sole expense.
7.5 The Project shall comply with the Metropolitan Planning Organization's [MPO] or
its successor's countywide approach to the application of concurrency management for
transportation facilities, and the transportation analysis conducted for the Project shall include the
following:
• Recognition of standard data sources as established by the MPO;
• Identification of level of service (LOS) standards for state and county roads as
established by the MPO;
• Utilization of proportional fair -share requirements consistent with Florida Statutes and
the MPO model ordinance;
• Utilization of the MPO Traffic Impact Study Methodology; and
• Recognition of the MPO designation of "Constrained Facilities" as set forth in the most
current MPO Annual Level of Service Report.
7.6 All improvements associated with the public facilities identified in Subsections 7.1
through 7.5 shall be completed prior to the issuance of any certificate of occupancy.
7.7 Developer agrees to provide a cashier's check, a payment and performance bond,
or letter of credit in the amount of 115% of the estimated costs of the public facilities and services,
to be deposited with the City to secure construction of any new public facilities and services
required to be constructed by this Agreement. Such construction shall be completed prior to
issuance of a Certificate of Occupancy for the Project.
SECTION 8. Required Local Government Approvals. The required local government
development approvals for development of the Property include, without limitation, the following:
8.1 Site plan approval(s) and associated utility licenses, access, and right-of-way
utilization permits;
8.2 Construction plan approval(s);
8.3 Building permit(s); and
8.4 Certificate(s) of occupancy.
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SECTION 9. Finding of Consistency. The City finds that development of the Property
is consistent with the terms this Agreement and is consistent with the City Comprehensive Plan
and the Code.
SECTION 10. Termination. If the Developer's obligations set forth in this Agreement
are not followed in a timely manner, as reasonably determined by the City Manager, after notice
to the Developer and an opportunity to be heard, existing permits shall be administratively
suspended and issuance of new permits suspended until the Developer has fulfilled its obligations.
Failure to timely fulfill its obligations may serve as a basis for termination of this Agreement by
the City, at the discretion of the City and after notice to the Developer and an opportunity for the
Developer to be heard.
SECTION 11. Other Terms and Conditions. Except in the case of termination, until
ten (10) years after the date of this Agreement, the City may apply laws and policies adopted
subsequently to the Effective Date of this Agreement if the City has held a public hearing and
determined:
(a) They are not in conflict with the laws and policies governing the Agreement
and do not prevent development of the land uses, intensities, or densities in the
Agreement;
(b) They are essential to the public health, safety, or welfare, and expressly state
that they shall apply to a development that is subject to a development
agreement;
(c) They are specifically anticipated and provided for in this Agreement;
(d) The City demonstrates that substantial changes have occurred in pertinent
conditions existing at the time of approval of this Agreement; or
(e) This Agreement is based on substantially inaccurate information provided by
the Developer.
SECTION 12. Compliance with Law. The failure of this Agreement to address any
particular permit, condition, term or restriction shall not relieve the Developer from the necessity
of complying with the law governing such permitting requirements, conditions, terms or
restrictions.
SECTION 13. Notices. Notices and communications required or desired to be given
under this Agreement shall be given to the parties by hand delivery, by nationally recognized
overnight courier service such as Federal Express, or by certified mail, return receipt requested,
addressed as follows (copies as provided below shall be required for proper notice to be given):
If to the Developer:
North Clearwater Beach Development, LLC
P.O. Box 4189
Clearwater, FL 33758
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With Copy to: Northside Engineering Services, Inc
300 South Belcher Road
Clearwater, FL 33765
If to City:
City of Clearwater
Attn: City Manager
112 South Osceola Avenue
Clearwater, FL 33756
Properly addressed, postage prepaid, notices or communications shall be deemed delivered and
received on the day of hand delivery, the next business day after deposit with an overnight courier
service for next day delivery, or on the third (3rd) day following deposit in the United States mail,
certified mail, return receipt requested. The parties may change the addresses set forth above
(including the addition of a mortgagee to receive copies of all notices), by notice in accordance
with this Section.
SECTION 14. Assignments.
14.1 By the Developer:
14.1.1 Prior to the Commencement Date, the Developer may sell, convey, assign
or otherwise dispose of any or all of its right, title, interest and obligations in and to the
Project, or any part thereof, only with the prior written notice to the City, provided that
such party (hereinafter referred to as the "assignee"), to the extent of the sale, conveyance,
assignment or other disposition by the Developer to the assignee, shall be bound by the
terms of this Agreement the same as the Developer for such part of the Project as is subject
to such sale, conveyance, assignment or other disposition.
14.1.2 If the assignee of the Developer's right, title, interest and obligations in and
to the Project, or any part thereof assumes all of the Developer's obligations hereunder for
the Project, or that part subject to such sale, conveyance, assignment or other disposition,
then the Developer shall be released from all such obligations hereunder which have been
so assumed by the assignee, and the City agrees to execute an instrument evidencing such
release, which shall be in recordable form.
14.1.3 An assignment of the Project, or any part thereof, by the Developer to any
corporation, limited partnership, limited liability company, general partnership, or joint
venture, in which the Developer (or an entity under common control with Developer) has
either the controlling interest or through a joint venture or other arrangement shares equal
management rights and maintains such controlling interest or equal management rights
shall not be deemed an assignment or transfer subject to any restriction on or approvals of
assignments or transfers imposed by this Agreement, provided, however, that notice of
such assignment shall be given by the Developer to the City not less than thirty (30) days
prior to such assignment being effective and the assignee shall be bound by the terms of
this Agreement to the same extent as would the Developer in the absence of such
assignment.
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14.1.4 No assignee, purchaser, sublessee or acquirer of all or any part of the
Developer's rights and obligations with respect to any one Parcel shall in any way be
obligated or responsible for any of the Developer's obligations with respect to any other
Parcel by virtue of this Agreement unless and until such assignee, purchaser, sublessee or
acquire has expressly assumed the Developer's such other obligations.
14.2 Successors and Assigns. The terms herein contained shall bind and inure to the
benefit of the City, and its successors and assigns, and the Developer and, as applicable to the
parties comprising Developer, their personal representatives, trustees, heirs, successors and
assigns, except as may otherwise be specifically provided herein.
SECTION 15. Minor Non -Compliance. The Developer will not be deemed to have failed
to comply with the terms of this Agreement in the event such noncompliance, in the judgment of
the City Manager, reasonably exercised, is of a minor or inconsequential nature.
SECTION 16. Covenant of Cooperation. The parties shall cooperate with and deal with
each other in good faith and assist each other in the performance of the provisions of this
Agreement and in achieving the completion of development of the Property.
SECTION 17. Approvals. Whenever an approval or consent is required under or
contemplated by this Agreement such approval or consent shall not be unreasonably withheld,
delayed or conditioned. All such approvals and consents shall be requested and granted in writing.
SECTION 18. Completion of Agreement. Upon the completion of performance of this
Agreement or its revocation or termination, a statement evidencing such completion, revocation
or termination shall be signed by the parties hereto and recorded in the official records of the City.
SECTION 19. Entire Afreement. This Agreement (including any and all Exhibits
attached hereto all of which are a part of this Agreement to the same extent as if such Exhibits
were set forth in full in the body of this Agreement), constitutes the entire agreement between the
parties hereto pertaining to the subject matter hereof.
SECTION 20. Constructiog. The titles, captions and section numbers in this Agreement
are inserted for convenient reference only and do not define or limit the scope or intent and should
not be used in the interpretation of any section, subsection or provision of this Agreement.
Whenever the context requires or permits, the singular shall include the plural, and plural shall
include the singular and any reference in this Agreement to the Developer includes the Developer's
successors or assigns. This Agreement was the production of negotiations between representatives
for the City and the Developer and the language of the Agreement should be given its plain and
ordinary meaning and should not be strictly construed against any party hereto based upon
draftsmanship. If any term or provision of this Agreement is susceptible to more than one
interpretation, one or more of which render it valid and enforceable, and one or more of which
would render it invalid or unenforceable, such term or provision shall be construed in a manner
that would render it valid and enforceable.
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SECTION 21. Partial Invalidity. If any term or provision of this Agreement or the
application thereof to any person or circumstance is declared invalid or unenforceable, the
remainder of this Agreement, including any valid portion of the invalid term or provision and the
application of such invalid term or provision to circumstances other than those as to which it is
held invalid or unenforceable, shall not be affected thereby and shall with the remainder of this
Agreement continue unmodified and in full force and effect. Notwithstanding the foregoing, if
such responsibilities of any party hereto, to the extent that the purpose of this Agreement or the
benefits sought to be received hereunder are frustrated, such party shall have the right to terminate
this Agreement upon fifteen (15) days written notice to the other parties.
SECTION 22. Code Amendments. Subsequently adopted ordinances and codes of the
City which are of general application not governing the development of land shall be applicable to
the Property, and such modifications are specifically anticipated in this Agreement.
SECTION 23. Governing Law. This Agreement shall be governed by, and construed in
accordance with the laws of the State of Florida.
SECTION 24. Counterparts. This Agreement may be executed in counterparts, all of
which together shall continue one and the same instrument.
SECTION 25. Amendment. This Agreement maybe amended by mutual written consent
of the City and the Developer so long as the amendment meets the requirements of the Act,
applicable City ordinances, and Florida Iaw.
IN WITNESS WHEREOF, the parties have hereto executed this Agreement the date and
year first above written.
In the Presence of:
010,),tfo
Print Name:o&Qrnp,rt
11-1 Luny o a
NORTH CLEARWATER BEACH
DEVELOPMENT, LLC, a Florida limited
liability company
By: Menna Development & Management, Inc.,
a Florida corporation. Manager
As to "Developer"
10
enna, as its President
STATE OF FLORIDA
COUNTY OF PINELLAS
The foregoing instrument was acknowledged before me this (3711. day of
Pkips l , 20 , by Anthony Menna, as President of Menna Development &
Management, Inc., a Florida corporation, on behalf of the corporation as the Manager of North
Clearwater Beach Development, LLC, a Florida limited liability company, on behalf of the
company, who is [(] personally known to me, or who [ ] has produced
as identification.
,34
Not
ary P4ibik--
Print Name: m a lc c E_ 2 e 1(
My Commission Expires:
ll
A
STATE OF FLORIDA
COUNTY OF PINELLAS
W� TERFFLLORIDA
By:. William B. Horne II
City Manager
Attest:
eak: 0
Rosemarie Call, City Clerk
Countersigned:
COM f\c/e dos
George N. Cretekos, Mayor
Approved as to Form:
riadyj - `�( -=
Michael P. *uino
Assistant City Attorney
% hforegoing instrument was acknowledged before me this // day of
, 20 /k , by GEORGE N. CRETEKOS, as Mayor of the City of Clearwater,
Florida, who is [ personally known to me or has [ ] produced
as identification.
Notary Public
Print Name: /L fi ws ici
My Commission Expires:
12
STATE OF FLORIDA
COUNTY OF PINELLAS
The foregoing instrument was acknowledged before me this ilr�day of
t ¢ rr ><k , 20/4)", by WILLIAM B. HORNE, II, as City Manager of the City of
ClearvGater, Florida, who is [ ✓] personally known to me or who has [ ] produced
as identificat.
Notary Public
Print Name: MA/6,
My Commission Expires:
13
EXHIBIT "A"
Legal Description
Lots 4 and 5, Block 77, MANDALAY SUBDIVISION UNIT NO. 5, REPLAT, according to the
map or plat thereof as recorded in Nat Book 20, Page 27, as replatted in Plat Book 20, Page 48,
Public Records of Pinellas County, Florida.
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EXHIBIT "B"
See attached Conceptual Site Plan and Architectural Drawings
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EXHIBIT "C"
COVENANT REGARDING HURRICANE EVACUATION
And DEVELOPMENT, USE AND OPERATION
DECLARATION OF COVENANTS AND RESTRICTIONS
THIS DECLARATION O COVENANTS AND RESTRICTIONS ("Declaration") is
made as of the / 3141 day of pi-<./x12-er— , 20 /' , by North Clearwater Beach
Development, LLC, a Florida limited bility company ("Developer").
Developer is the owner of fee simple title to the real property described in Schedule 1
attached hereto and made a part hereof (hereinafter, the ("Real Property"). The City of Clearwater,
Florida (the "City"), has amended its Comprehensive Plan to designate Clearwater Beach as a
Community Redevelopment District pursuant to the Pinellas County Planning Council Rules in
order to implement the provisions of Beach by Design, a plan for the revitalization of Clearwater
Beach.
The designation of Clearwater Beach as a Community Redevelopment District (the
"Designation") provides for the allocation of Hotel Density Reserve Units as an incentive for the
development of mid-size quality hotels. Pursuant to the Designation, the allocation of Hotel
Density Reserve Units is subject to compliance with a series of performance standards, including
a requirement that resorts containing a hotel developed with Hotel Density Reserve Units shall be
closed and all Guests evacuated from such hotels as soon as practicable after the National
Hurricane Center posts a hurricane watch that includes Clearwater Beach. The purpose of such
evacuation is to ensure that such a hotel is evacuated in advance of the period of time when a
hurricane evacuation would be expected in advance of the approach of hurricane force winds.
The City has granted, by City Council Resolution 1 ( ( , passed and approved on
f2)- , 201 , Developer's application for Hotel Density Reserve Units pursuant to the
Designation, subject to Developer's compliance with the requirements of the Designation.
Developer desires for itself, and its successors and assigns, as owner, to establish certain rights,
duties, obligations and responsibilities with respect to the use and operation of the Real Property
in accordance with the terms and conditions of the allocation of the Hotel Density Reserve Units
to the City and the Designation, which rights, duties, obligations and responsibilities shall be
binding on any and all successors and assigns and will run with the title to the Real Property.
THEREFORE, in consideration of the covenants and restrictions herein set forth and to be
observed and performed, and in further consideration of the allocation of Hotel Density Reserve
Units to Developer, and other good and valuable consideration, the sufficiency of which is hereby
acknowledged, Developer hereby declares, covenants and agrees as follows:
1. Benefit and Enforcement. These covenants and restrictions are made for the benefit
of Developer and its successors and assigns and shall be enforceable by them and also for the
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benefit of the residents of the City and shall be enforceable on behalf of said residents by the City
Council of the City.
2. Covenant of Development, Use and Operation. Developer hereby covenants and
agrees to the development, use and operation of the Real Property in accordance with the
provisions of this Declaration.
2.1 Use. The use of the resort on the Real Property is restricted as follows:
2.1.1 10 units, which is the number of hotel units allocated to Developer from the
Hotel Density Reserve, shall be used solely for transient occupancy of one month
or thirty (30) consecutive days or less, must be licensed as a public lodging
establishment and classified as a hotel, and must be operated by a single licensed
operator of the hotel. All other units shall be licensed as a public lodging
establishment. No unit shall be used as a primary or permanent residence. Access
to overnight accommodation units must be provided through a lobby and internal
corridor. A reservation system shall be required as an integral part of the hotel use
and there shall be a lobby/front desk area that must be operated as a typical
lobby/front desk area for a hotel would be operated. All hotel units shall be required
to be submitted to a rental program requiring all hotel units to be available for
members of the public as overnight hotel guests on a transient basis at all times.
No unit shall have a complete kitchen facility as that term is used in the definition
of "dwelling unit" in the Code. Developer shall make available for inspection to
authorized representatives of the City its books and records pertaining to each Hotel
Density Reserve unit upon reasonable notice to confirm compliance with these
regulations as allowed by general law. The Developer agrees to comply with the
Design Guidelines as set forth in Section VII. of Beach by Design.
212 As used herein, the terms "transient occupancy," "public lodging
establishment," "hotel", and "operator" shall have the meaning given to such terms
in Florida Statutes Chapter 509, Part I.
2.2 Closure of Improvements and Evacuation. The Hotel developed on the Real
Property shall be closed as soon as practicable upon the issuance of a hurricane watch by the
National Hurricane Center, which hurricane watch includes Clearwater Beach, and all Hotel
guests, visitors and employees other than emergency and security personnel required to protect the
hotel, shall be evacuated from the Hotel as soon as practicable following the issuance of said
hurricane watch. In the event that the National Hurricane Center shall modify the terminology
employed to warn of the approach of hurricane force winds, the closure and evacuation provisions
of this Declaration shall be governed by the level of warning employed by the National Hurricane
Center which precedes the issuance of a forecast of probable landfall in order to ensure that the
guests, visitors and employees will be evacuated in advance of the issuance of a forecast of
probable landfall.
3 Effective Date. This Declaration shall become effective upon issuance of all
building permits required to build the project ("Project") and Developer's commencement of
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construction of the Project, as evidence by a Notice of Commencement for the Project. This
Declaration shall expire and terminate automatically if and when the allocation of Reserve Units
to the Developer expires or is terminated.
4 Governing Law. This Declaration shall be construed in accordance with and
governed by the laws of the State of Florida.
5 Recording. This Declaration shall be recorded in the chain of title of the Real
Property with the Clerk of the Courts of Pinellas County, Florida.
6 Attorneys' Fees. Developer shall reimburse the City for any expenses, including
reasonable attorneys' fees, which are incurred by the City in the event that the City determines that
it is necessary and appropriate to seek judicial enforcement of this Declaration and the City obtains
relief, whether by agreement of the parties or through order of a court of competent jurisdiction.
7 Severability. If any provision, or part thereof, of this Declaration or the application
of this Declaration to any person or circumstance will be or is declared to any extent to be invalid
or unenforceable, the remainder of this Declaration, or the application of such provision or portion
thereof to any person or circumstance, shall not he affected thereby, and each and every other
provision of this Declaration shall be valid and enforceable to the fullest extent permitted by law.
IN WITNESS WHEREOF, Developer has caused this Declaration to be executed this
day of ?p•
Li the Presence of
!-1
7�Or 0
Print Name:
ikrrl
141" LA/>v
Print Name
As to "Developer"
NORTH CLEARWATER BEACH
DEVELOPMENT, LLC, a Florida limited
liability company
By: Menna Development & Management. Inc.,
a Florida corporation. Manager
—v-
Anth
18
. as its President
STATE OF FLORIDA
COUNTY OF PINELLAS
The foregoing instrument was acknowledged before me this si day of
l 1 , 201q, by Anthony Menna, as President of Menna Development &
Management, Inc., a Florida corporation, on behalf of the corporation as the Manager of North
Clearwater Beach Development, LLC, a Florida limited liability company, on behalf of the
�
company, who is l� l personally known to me, or who L_] has produced
as identification.
=1C:Il'efLA-A5k
Print Name: m c„rcc e9t E k
My Commission Expires:
19
MARGARET E SEII.
MY co1MM18gioN E FF128615
EXPIRES March 24, 2010
CITY OF CLEARWATER, FLORIDA
tA04.14.1.
By:. William B. Home II,
City Manager
Attest:
nieumtaA(i, Gat!
Rosemarie Call, City Clerk
Countersigned:
- c O(r\CT c\ctk�os
George N. Cretekos, Mayor
Approved as to Form:an
P. &
,Michael P. Fuino
Assistant City Attorney
COUNTY OF PINELLAS
Jhe foregoing instrument was acknowledged before me this rJ day of
e 20 /fir , by GEORGE N. CRETEKOS, as Mayor of the City of Clearwater,
Fl ida, who is [ ti] personally known to me or has [ ] produced
as ident ation.
a- elaulZ
Notary Public ��
Print Name: 274,? t.,,4 4 Ji %c.!/ ��ci-'.� <%t
My Commission Expires:
24
A,,14Notary Public Stet,.,i
Patricia A KinkY. t.
My ComWior .; ti9.
m
•
Expire* 104oaa:•.
.�wwwwwo�;
..: '
STATE OF FLORIDA
COUNTY OF PINELLAS
lr=-
The for going instrument was acknowledged before me this // day of
, 20///, by WILLIAM B. HORNE, II, as City Manager of the City of
Clea ater, Florida, who is [ ] personally known to me or who has [ ] produced
as identification.
Print Name: / C,
My Commission Expires:
25
u
Notary Public
ii".60„.„4,4;
Schedule "A"
Lots 4 and 5, Block 77, MANDALAY SUBDIVISION UNIT NO. 5, REPLAT, according to the
map or plat thereof as recorded in Plat Book 20, Page 27, as replatted in Plat Book 20, Page 48,
Public Records of Pinellas County, Florida.
26
STATE OF FLORIDA
COUNTY OF PINELLAS
CITY OF C LEAK
By:. William B. Horne II,
City Manager
AT
W,FLORIDA
Attest:
Rosemarie Call, City Clerk
Countersigned:
CkeOrit rk Cr (V105
George N. Cretekos, Mayor
Approved as to Form:
2 32t -
Michael P. Fuino
Assistant City Attorney
te-
oregoing instrument was acknowledged before me this %/ " day of
�.. , 20%x, by GEORGE N. CRETEKOS, as Mayor of the City of Clearwater,
Flo ida, who is [ ,r- ] personally known to me or has [ ] produced
as iden ation.
otary Public
Print Name:
My Commission Expires:
20
STATE OF FLORIDA
COUNTY OF PINELLAS
Th fo going instrument was acknowledged before me this // _ day of
Ai i. , 20/47, by WILLIAM B. HORNE, II, as City Manager of the City of
Clearwater, Florida, who is [ E/'] personally known to me or who has [ ] produced
as identifica
Y Ct6t (2Ze..4.4,0,ti..L
Notary Public .4 /
Print Name: r4 a/ C'4 X u 6c� Ck�+�` Gt �
My Commission Expires: J
21
EXHIBIT "D"
COVENANT OF UNIFIED USE
PLEASE RETURN RECORDED DOCUMENT TO:
COVENANT OF UNIFIED USE
THIS COVENANT OF UNIFIED USE (the "Covenant") is executed this R day of
, 20 I , by North Clearwater Beach Development, LLC, a Florida limited liability
company ("Developer").
WITNESSETH:
WHEREAS, Developer is the owner of the real property legally described on Schedule "A"
attached hereto and incorporated herein by reference (the "Real Property"); and
WHEREAS, Developer and the City of Clearwater, Florida (the "City") are parties to that
certain Hotel Density Reserve Development Agreement datedS'ep4i-I ( j , 20 id (the
"Agreement"), pursuant to which the City has agreed that Developer may develop and construct
upon the Real Property a hotel project as described in the Agreement (the "Project"); and
WHEREAS, Developer intends to develop and operate the Real Property for a unified use,
as more particularly described in this Covenant.
NOW, THEREFORE, in consideration of the sum of Ten Dollars ($10.00) and other good
and valuable consideration, the receipt and sufficiency of which are hereby acknowledged,
Developer does hereby agree that, effective as of the date on which Developer receives all permits
required to construct the Project and Developer commences construction thereof, as evidenced by
a Notice of Commencement for the Project, the Real Property shall be developed and operated as
a hotel project, as described in the Agreement. The restrictions set forth in the preceding sentence
shall expire automatically when and if Developer's allocation of additional hotel units (as defined
in the Agreement) expires or is terminated. Nothing in this Agreement shall require Developer to
develop the Project or restrict Developer's ability to sell, assign, transfer or otherwise convey its
right in and to the Real Property or any portion or portions thereof to unrelated third -parties.
22
Developer agrees that the City shall have the right to enforce the terms and conditions of this
Agreement.
Notwithstanding the foregoing, all Hotel Units may be operated by a single hotel operator.
IN WITNESS WHEREOF, Developer has caused this Covenant to be executed this 9
day of Pir'� ,20\ .
In the Presence of:
NORTH CLEARWATER BEACH
DEVELOPMENT, LLC, a Florida limited
liability company
By: Menna Development & Management, Inc.,
a Florida corporation, Manager
Print Name.
1 1\--/0 LA -40
Print Nam
As to "Developer"
STATE OF FLORIDA
COUNTY OF PINELLAS
cnna. as its President
The foregoing instrument was acknowledged before me this cc, day of
. 20 Q' , by Anthony Menna, as President of Menna Development &
Management. Inc., a Florida corporation, on behalf of the corporation as the Manager of North
Clearwater Beach Development, LLC, a Florida limited liability company, on behalf of the
company, who is f] personally known to me, or who [ ] has produced
as identification.
Print Name: 1'Y14i ,,fit
My Commission Ex ares:
23
""'" MARGARET E. 8EIL.
• MY COMMISSION M FF198813
EXPIRES March 24.2019
4U, CloncloNON
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